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我国现有合同解释规则的成文法化程度不够、体系分散、整合不足,没有充分发挥制约法官自由裁量权、防止枉法裁判的功能。我国应借鉴欧洲统一私法运动的研究成果,以民法典编纂为历史契机,整合、完善我国合同解释规则,实现合同解释规则制度充分的成文法化、体系化,发挥其约束司法权力、维护司法公正的制度功能。
Organised Behaviour and Organised Identity
Criminal Enterprise Criminal Partnerships Identity Repertoires of Action Conflict
2013/9/16
There is growing body of literature which offers reviews of the concepts of organised crime and political vio- lence, while documenting the official efforts to address such concepts jointly and treat ...
Preferential Trade Agreements and the Law and Politics of GATT Article XXIV
WTO PTAs GATT Art. XXIV WTO Dispute Settlement
2013/9/16
The tasks Preferential Trade Agreements (PTAs) perform are expressed in their scope and covered issues, thus in order to be WTO compatible these aspects of PTAs should comply with the relevant WTO rul...
Understanding benefits of alternative dispute resolution (ADR) in the work place mediation
Third party mediation negotiation arbitration litigation alternative dispute resolution disputes dispute settlements conflict management
2010/9/26
The purpose of this article is to explore the benefits of Alternative Dispute Resolution in the work place mediation. ADR is a process and procedure that provides alternatives to adjudicated settlemen...
‘Reality Television’ and Content Regulation – Perspectives and Challenges
‘Reality television’ Content Regulation Freedom of Expression Citizenship - Values
2009/12/25
The introduction and popularity of new genres of ‘reality television’ have created significant challenges for regulation of broadcast content. The availability of a larger number of television channel...
Race and the refusal to name racism: consumption, identity and choice in the Celebrity Big Brother House
Race Law Power Media Regulation Racism
2009/12/25
The centrality of consumption in the resolution of the ‘race row’ in the Celebrity Big Brother(CBB) House 2007 characterizes ‘the consumption politics of race’ engendered in response to ‘racism lite’ ...
The celebrity Big Brother race row centers, in part, on the preparation, handling and consumption of food. While the ritual of formal and informal dining is a key trope of the series, in this instance...
‘Jade’s Back, and This Time she’s Famous’: Narratives of Celebrity in the Celebrity Big Brother‘Race’ Row
Celebrity ‘Democratisation’ Class Gender Selfhood
2009/12/25
Prior to the Celebrity Big Brother ‘ race’ row in 2007, British Reality TV star, Jade Goody, was recurrently held up as emblematic of the ‘democratisation’ of celebrity. Yet this controversy gives us ...
Celebrity Big Brother, Human Rights and Popular Culture
Human Rights Act 1998 Reality Television Race Equality Class Gender
2009/12/25
The British reality show Celebrity Big Brother caused great controversy in January 2007 when remarks made by a few contestants, most notably the reality TV star Jade Goody, and targeted at a fellow In...
Mediating Business and Sports Disputes in Europe
Mediating Business Sports Disputes Europe
2009/12/25
Now that sport is big business nationally and internationally, it is not surprising that sports disputes – especially commercial ones – are on the increase. So, the question naturally arises, how best...
The Long Life of Bosman – a Triumph of Law Over Experience
Bosman proportionality polycentricity judicial restraint social dialogue
2009/12/25
This article urges a reconsideration of the analysis of the interests of football given by the Advocate General in Bosman. The article will show how much of the Bosman decision depends on the Advocate...
The Law, The Musician, His Band and Their Partnership Agreement: Comprehensibility, Comprehension and Compliance in a Legal Text
legal language forensic linguistics comprehensibility comprehension compliance Musicians Union
2009/12/25
This article performs a detailed forensic linguistic analysis of the specimen Partnership Agreement provided by the UK Musicians Union. Selected sections of the Agreement are assessed in terms of thei...
The Maurice Odumbe Investigation and Judicial Review of the Power of International Sports Organizations
Private Bodies Sports Judicial Review Kenya Democracy
2009/12/25
This article examines whether, and the circumstances in which, national courts should review the power of International Sports Organizations (ISOs). It uses the case of Maurice Odumbe as an illustrati...
New Rules for a New Ballgame: Legislative and Judicial Rationales for Revamping the NCAA’s Enforcement Process
National Collegiate Athletic Association due process membership legislation
2009/12/25
The NCAA is the largest and most well-known of four independent organizations that regulate intercollegiate athletics and part of its self governance structure is its membership-approved enforcement a...
Hazing continues to be legally problematic for institutions. In June 2007, a New Jersey prosecutor brought criminal charges against two administrators over the alcohol-related death of a freshman. It ...